SRC-JBJ H.B. 1649 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1649
77R12924 EBy: Gallego (Staples)
Criminal Justice
5/10/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the primary duty of the Board of Pardons and Paroles (board) is
the discretionary release of eligible inmates sentenced to the
institutional division of the Texas Department of Criminal Justice.  The
board is composed of 18 members appointed by the governor.  Six of these
members are chosen by the governor to serve as policy board members who
adopt rules relating the decision-making process and administer the board's
responsibilities.  Some concerns have been raised regarding the efficiency
of the administration of the board's duties.  H.B. 1649 amends provisions
relating to the administration of the board and certain duties of the
policy board.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Board of Pardons and
Paroles Policy Board in SECTION 1 (Section 508.034, Government Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 508.034, Government Code, by adding Subsection
(f), to provide that it is a ground for removal from the Board of Pardons
and Paroles (board) that a member fails to comply with policies or rules
adopted by the Board of Pardons and Paroles Policy Board (policy board). 

SECTION 2.  Amends Section 508.035, Government Code, by adding Subsection
(c), to provide that the presiding officer reports directly to the governor
and serves as the administrative head of the policy board and the board. 

SECTION 3.  Amends Section 508.036(c), Government Code, to require the
policy board to take certain enumerated actions. 
 
SECTION 4.  Amends Section 508.044, Government Code, by amending Subsection
(b) and adding Subsection (f), to require board members, in addition to
performing the duties imposed on the board by the Texas Constitution and
other law, to make certain  determinations.  Requires board members to
file, at the direction of the presiding officer, activity reports on duties
performed under this chapter. 

SECTION 5.  Amends Section 508.115(a), Government Code, to require the
pardons and paroles division (division), not later than the 11th day before
the date a parole panel, rather than the board, orders the release on
parole of an inmate or not later than the 11th day after the date the board
recommends that the governor grant executive clemency, to notify the
sheriffs, each chief of police, the prosecuting attorneys, and the district
judges in the county in which the inmate was convicted and the county to
which the inmate is released that a parole panel is considering release on
parole or the governor is considering clemency. 

SECTION 6.  Amends Section 508.153(a), Government Code, to make a
conforming change. 
 
SECTION 7.  Amends Section 508.283, Government Code, as follows:

 (a)  Provides that after a parole panel or designated agent of the board
has held a hearing under Section 508.281, in any manner warranted by the
evidence: 

    _the board is authorized to recommend to the governor to continue,
revoke, or modify the conditional pardon; and, rather than or, 

    _a parole panel is authorized to continue, revoke, or modify the parole
or mandatory supervision. 

(b)  Authorizes a person, if the parole, mandatory supervision, or
conditional pardon of a person described by Section 508.149(a) is revoked,
to be required to serve the remaining portion of the sentence on which the
person was released.  
 
(c)  Authorizes a person, if the parole, mandatory supervision, or
conditional pardon of a person other than a person described by Section
508.149(a) is revoked, to be required to serve the remaining portion of the
sentence on which the person was released.  Provides that for a person who
on the date of issuance of a warrant or summons initiating the revocation
process is subject to a sentence the remaining portion of which is greater
than the amount of time from the date of the person's release to the date
of issuance of the warrant or summons, the remaining portion is to be
served without credit for the time from the date of the person's release to
the date of revocation.  Provides that for a person who on the date of
issuance of the warrant or summons is subject to a sentence the remaining
portion of which is less than the amount of time from the date of the
person's release to the date of issuance of the warrant or summons, the
remaining portion is to be served without credit for an amount of time
equal to the remaining portion of the sentence on the date of issuance of
the warrant or citation. 

 (d)  Reletters existing text of Subsection (c) as Subsection (d).

SECTION 8.  Amends Section 508.313(c), Government Code, to authorize the
Texas Department of Criminal Justice to provide information that is
confidential and privileged under Subsection (a) to certain persons. 

SECTION 9.  Amends Section 508.322(c), Government Code, to make a
conforming change. 

SECTION 10.  Amends Article 42.037(h), Code of Criminal Procedure, to
require the court or the parole panel, rather than the Board of Paroles, if
a defendant is placed on community supervision, rather than probation, or
is paroled or released on mandatory supervision, to order the payment of
restitution ordered under this article as a condition of community
supervision, parole, or mandatory supervision.  Makes conforming changes. 

SECTION 11.  Provides that the change in law made by this Act to Section
508.283, Government Code, applies to any revocation that occurs on or after
September 1, 2001. 

SECTION 12.  Effective date: September 1, 2001.